Claimant v Boddice Accounting Limited
Outcome
Individual claims
The claim was presented out of time (by 29 July 2024 but presented 16 August 2024). The tribunal found it was reasonably practicable for the claimant to have presented the claim within the time limit as he was aware of the Tribunal process, had contacted ACAS before his employment ended, and had all necessary information. The claimant delayed presenting his claim because he was receiving personal payments from Ms Boddice. The Tribunal therefore had no jurisdiction to hear the complaint under section 23 ERA 1996.
Facts
The claimant was employed as an assistant accountant. From July/August 2023 the respondent experienced financial difficulties and made sporadic salary payments when funds were available. The claimant's employment terminated on 27 April 2024 when the respondent ceased trading. The claimant was due final payment on 30 April 2024 but received only £300. After termination, Ms Boddice made personal payments to the claimant from her benefits income until 26 July 2024. The claimant then contacted ACAS on 12 August 2024 and presented his claim on 16 August 2024.
Decision
The tribunal found it had no jurisdiction to hear the claim as it was presented out of time (should have been by 29 July 2024 but was presented 16 August 2024). The tribunal concluded it was reasonably practicable for the claimant to have presented the claim in time because he was aware of the Tribunal process (having contacted ACAS before April 2024), had access to the internet and government websites, and had all necessary information. His delay was due to receiving personal payments from Ms Boddice, not any impediment to bringing the claim.
Practical note
Ignorance of time limits is not a reasonable excuse where a claimant has contacted ACAS before the time limit expires, has access to online resources, and delays only because of an informal payment arrangement.
Legal authorities cited
Statutes
Case details
- Case number
- 8001243/2024
- Decision date
- 28 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- assistant accountant
Claimant representation
- Represented
- No